BILL NUMBER: AB 642	CHAPTERED  09/30/00

	CHAPTER   950
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   AUGUST 18, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 23, 1999

   An act to add Chapter 9 (commencing with Section 1850) to Division
2 of the Fish and Game Code, relating to wetlands.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 642, Lempert.  Wetlands mitigation banking.
   Existing provisions of the Keene-Nejedly California Wetlands
Preservation Act require the Department of Parks and Recreation and
the Department of Fish and Game to prepare a wetlands priority plan
and authorize the departments to acquire interests in wetlands and to
enter into operating agreements with cities, counties, and districts
for the management and control of wetlands or interests in wetlands
acquired under that act.
   This bill would require the Department of Fish and Game, on or
before January 1, 2002, to establish a data base of all existing and
operating wetlands mitigation banks that sell credits to the public
in California and to provide a report to the Legislature with a
description and  the status of each existing wetlands mitigation bank
site in operation as of January 1, 2001, and each bank site approved
thereafter, including specified information.
   The bill would provide that implementation of its provisions would
be subject to an appropriation of sufficient funds, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 9 (commencing with Section 1850) is added to
Division 2 of the Fish and Game Code, to read:

      CHAPTER 9.  WETLANDS MITIGATION BANKING
      Article 1.  General Provisions

   1850.  On or before January 1, 2002, the department shall
establish an updated data base of all existing and operating wetlands
mitigation banks that sell credits to the public in California.  To
the extent feasible, the department shall use all existing
information in compiling this data base and shall utilize the CERES
Environmental Data Catalog to make this information available to the
public.  The department shall update this data base on an annual
basis and shall include all relevant information required by Section
1851.
   1851.  On or before January 1, 2002, and biennially thereafter,
the department shall review the data base and the data catalog
described in Section 1850, and shall provide a report to the
Legislature with a description and the status of each existing
wetlands mitigation bank site in operation as of January 1, 2001, and
each mitigation bank site approved thereafter.  The report shall
include, but not be limited to, all of the following information:
   (a) The name, address, and telephone number of the person or
agency who created the wetlands mitigation bank site.
   (b) The name, address, and telephone number of the wetlands
mitigation bank operator and the address or other appropriate
physical description of the location of the wetlands mitigation bank
site.
   (c) The date the wetlands mitigation bank site was created.
   (d) A description of the wetlands mitigation bank site's service
area.
   (e) A description of existing habitat functions at the wetlands
mitigation bank site prior to its development as a wetlands
mitigation bank site.
   (f) The type of financial assurances secured by the wetlands
mitigation bank operator to ensure management of the wetlands
mitigation bank site in perpetuity.
   (g) Whether goals were established for the wetlands mitigation
bank site and what percentage of those goals have been achieved.
   (h) Utilizing existing information compiled by the United States
Army Corps of Engineers or other federal agencies, the number of
wetlands acres and habitat functions created at the bank site.
   (i) The number of credits issued and to whom.
   (j) An assessment of the biological productivity of the created
wetlands.
   (k) Utilizing existing information that is publicly available
within the records of state or federal agencies, a comparison of the
wetlands acreage and habitat functions that were created at the bank
site and those that were lost as a result of the permitted projects
for which credits were obtained.
   1852.  This article shall not be implemented until sufficient
funds for its implementation have been appropriated in the annual
Budget Act or other legislation.
